Amendment in Customs Rules, 2001
| Sr No | Disposal period | Duty and taxes |
|---|---|---|
| (1) | (2) | (3) |
| 1 | If sold or otherwise disposed of before the expiration of three years from the date of import in EPZ. | Full |
| 2 | If sold or otherwise disposed of after three and before four years from the date of import in EPZ | 75% |
| 3 | If sold or otherwise disposed of after four and before five years from the date of import in EPZ | 50% |
| 4 | If sold or otherwise disposed of after five years from the date of import in EPZ | 0%’ |
may prefer an appeal to the Chief Collector of Customs within sixty days of passing
of such decision or order;”;
(5) in rule 302A, for the words “Regulatory Collector”, the words “Regulatory
Authority” shall be substituted;
(6) in rules 304A, 306, 307(2), 307A and 307D, for the words “Collector”, wherever
occurring, the words “Authority” shall be substituted and for the expression
“PACCS”, wherever occurring, the expression “WeBOC” shall be substituted ;
(7) in rule 307E,-
(i) for the word “Collector”, wherever occurring, the word “Authority” shall be
substituted; and
(ii) after sub-rule (4), the following new sub-rule shall be added, namely:-
“(5) The Collector of Customs shall be responsible for overall
monitoring of the scheme.”;
(8) in rule 307G, for the word “Collector”, wherever occurring, the word “Authority”
shall be substituted;
(9) after rule 307H,-
(i) in Appendix-I, for the expression “PACCS”, the expression “WeBOC” shall
be substituted;
(ii) in Appendix-II, for the word “Collector`”, the word “Authority” shall be
substituted and for the expression “PACCS”, the expression “WeBOC”
shall be substituted; and
(iii) in Appendix V, for the word “Collector”, wherever occurring, the word
“Authority” shall be substituted;
(10) in rule 308,-
(i) in clause (h), after the word “Gilgit-Baltistan”, the expression “, Islamabad
Capital Territory (ICT)” shall be inserted; and
(ii) after clause (h), the following new clause shall be added, namely:-
“(ha) “Director IOCO (Hqrs)" means the officer of Customs holding the
charge of Director IOCO (Hqrs) having jurisdiction over all offices
of the Directorate General of IOCO and the Collectorates of
Customs as duly notified by the Board;”;
(11) in rule 342,-
(i) in clause (a), for the expression “the Central Excise Act, 1944(I of 1944)”,
the expression “the Federal Excise Act, 2005” shall be substituted;
(ii) in clause (b), for the word “Collector”, the word “Regulatory Authority”
shall be substituted;
(iii) in clause (d), for the word “central”, the word “Federal” shall be
substituted;
(iv) in clause (f), for the word “Collector”, the word “Regulatory Authority”
shall be substituted;
(v) in clause (g), for the expression “344”, the expression “343” shall be
substituted;
(vi) in clause (i),-
(a) in sub-clause (a), after the word “warehouse”, the expression “for
storing of input goods, procured under clauses (i) and (ii) of sub-rule
(1) of rule 352 and goods manufactured therefrom for exports” shall be
inserted; and
(b) in sub-clause (c), for the word “Collector”, the word “Regulatory
Authority” shall be substituted;
(vii) after clause (l), the following new clause shall be inserted; namely:-
“(la) “Regulatory Authority” in relation to Manufacturing Bond means
the Additional Collector of Customs designated as the Regulatory
Authority by the Collector of Customs in whose jurisdiction the
place of business or manufacturing unit of the Manufacturing Bond
Licensee, duly registered under the Sales Tax Act, 1990, is
located;”; and
(viii) in clause (o), after the word “Collector”, the expression “or the Regulatory
Authority designated by the Collector as the case may be,” shall be
inserted;
(12) in rule 343,-
(i) after the word “Collector” wherever occurring, the expression “or the
Regulatory Authority designated by the Collector, as the case may be”
shall be inserted;
(ii) in sub-rule (1),-
(a) for clause (a), the following shall be substituted, namely:-
“(a) the site plan of the proposed warehouse indicating the location of
the premises and the details of the total area, covered area and the
area proposed to be utilized for the manufacturing area or facility
and for storing the bonded warehoused input goods and
manufactured goods therefrom for exports, and separate other
storage areas for duty paid input goods, manufactured goods there
from, factory rejects and wastages, for domestic local sales, in case
of a manufacturing bond;”; and
(b) in clause (l), for the words “Export Promotion Bureau”, the words
“Trade Development Authority of Pakistan”, shall be substituted; and
(iii) after sub-rule (3), the following new sub-rule shall be inserted, namely:-
“(4) In case of manufacturing bond, the applicant shall apply to
the Regulatory Authority designated by the Collector of Customs having
jurisdiction in which the unit is registered under the Sales Tax Act, 1990,
and in case there are more than one unit of a proprietor, he shall apply to
the Regulatory Authority designated by the Collector of Customs where
the head office of the applicant is registered under Sales Tax Act, 1990.”;
(13) in rule 344, after the word “Collector”, the expression “or the Regulatory Authority
designated by the Collector as the case may be,” shall be inserted;
(14) in rule 345, after the word “Collector”, the expression “or the Regulatory Authority
designated by the Collector as the case may be,” shall be inserted;
(15) in rule 345,-
(i) in sub-rule (1), for the expression “345”, the expression “344” shall be
substituted; and
(ii) after sub-rule (2), the following new sub-rule shall be inserted, namely:-
“(3) Any licensee aggrieved by any decision or order pertaining
to Manufacturing Bond may prefer an appeal to the Chief Collector of
Customs within sixty days of the passing of such decision or order.”;
(16) in rule 346,-
(i) the words “up to” shall be omitted; and
(ii) after the word “Collector”, wherever occurring, the expression “or the
Regulatory Authority designated by the Collector as the case may be,”
shall be inserted;
(17) in rule 349, in sub-rule (4), in the proviso, after the word “Collector”, the
expression “or the Regulatory Authority designated by the Collector as the case
may be,” shall be inserted;
(18) in rule 351,-
(i) in sub-rule (1), for the word “Collector”, the words “Regulatory
Authority” shall be substituted;
(ii) in sub-rule (2) for the word “Collector”, the words “Regulatory Authority”
shall be substituted and for the full stop at the end, a colon shall be
substituted and thereafter the following provisos shall be added, namely:-
“Provided that the Regulatory Authority may issue a provisional
analysis certificate till the determination of Input to Output Ratio and
wastage by IOCO or EDB, as the case may be:
“Provided further that if there is no change in previously
determined input and output ratio, then the Regulatory Authority may
uphold the previously determined input-output ratios without sending it to
IOCO or EDB.”;
(iii) in sub-rule (5), for the word “Collector”, the words “Regulatory
Authority” shall be substituted;
(iv) for sub-rule (6), the following shall be substituted, namely:-
“(6) Improved efficiency of the manufacturing operations may
lead to improvement in consumption of input or output ratios, the licensee
shall declare the excess material at the end of the relevant year to the
Customs authorities. The concerned Deputy Collector can allow, in
writing, the consumption for export of such excess input material during
the subsequent period or allow for removal for home consumption,
provided that the warehousing period is complied with. In case of removal
for home consumption, the licensee shall file ex-bond Goods Declaration
for payment of duties and taxes leviable thereon. However, the
warehousing charges and penal surcharge as prescribed under section 98
of the Customs Act, 1969 for ex-bonding of such input material offered
due to improved plant efficiency shall not apply.”;
(v) in sub-rule (7), for the word “The” occurring for the first time “the
expression “ In case of improve efficiency, the” shall be substituted; and
(vi) for sub-rule (8), the following shall be substituted, namely:
“(8) In the case of lower efficiency, and the lower efficient ratio
is beyond three per cent, the unit may apply for redetermination of IORs.
If the change in input or output ratio is within three per cent, the input or
output ratios shall remain unchanged. The input or output ratio shall in any
event be revised every three years. The licensee will have no right of
refund.”;
(19) in rule 352,-
(i) in sub-rule (1), for the word “central” wherever occurring, the word
“federal” shall be substituted;
(ii) in sub-rules (2) and (6a), for the word “Collector”, the words “Regulatory
Authority” shall be substituted;
(iii) in sub-rule (8), for the word “Collector”, the words “Regulatory
Authority” shall be substituted and the words “or the officer authorized by
him” shall be omitted; and
(iv) in sub-rule (10), after the proviso, the following new rule shall be added,
namely:-
“(11) The Collector of Customs shall be responsible for overall
monitoring of manufacturing bond scheme.”;
(20) in rule 355,-
(i) for the words “bill of entry”, wherever appearing, the words “Goods
Declaration” shall be substituted;
(ii) for the words “bill of export”, wherever appearing, the words “Goods
Declaration” shall be substituted;
(iii) in sub-rule (2) and sub-rule (4), for the word “Collector”, the words
“Regulatory Authority” shall be substituted;
(iv) in sub-rule (5), after the word “Collector”, the expression “or the
Regulatory Authority designated by the Collector, as the case may be,”
shall be inserted;
(v) in sub-rule (8), after the word “Collector”, the expression “or the
Regulatory Authority designated by the Collector, as the case may be,”
shall be inserted; and
(vi) in sub-rule (12), after the word “Collector”, the expression “or the
Regulatory Authority designated by the Collector, as the case may be,”
shall be inserted;
(21) in rule 356,-
(i) in sub-rule(1), after the word “Collector”, the expression “or the
Regulatory Authority designated by the Collector, as the case may be,”
shall be inserted; and
(ii) in sub-rules (2), (3) and (4), for the word “Collector”, the words
“Regulatory Authority” shall be substituted; and
(22) after rule 363,-
(i) in Appendix-I,-
(a) under the heading “Appendix-I”, for the expression “[see rule
344(1)(f)]”, the expression “[see rule 343(1)(f)]” shall be
substituted; and
